Page 8 - Law Developments News Today

Introduction The Israeli Competition Authority (ICA) recently published a draft public statement for comment regarding the submission of joint bids by competitors in tenders. The draft proposes an interpretation of the Competition Law that may significantly affect the business activities of entities operating in Israeli tender markets. The ICAs draft public statement significantly limits the ability to conduct self-assessment for joint bidding. This may, in turn, result in significantly increas...

Introduction On 16 September 2020 the eagerly awaited draft Renewable Energy Expansion Act (EAG) was published for evaluation (for further details please see "Sparking change: Renewable Energy Expansion Act published for evaluation"). To help achieve the goals of the Paris Climate Agreement 2015, the draft creates new framework conditions for the expansion of renewable energy in Austria. The country intends for 100% of its total electricity consumption to come from renewable energy sources from...

Introduction On 26 November 2020 the Central District Court (Judge Hadas Ovadia) dismissed a claim filed by Yossef Levi (the plaintiff) against Pazgas Ltd and its insurer Phoenix Insurance Company Ltd (the defendants) and determined that the plaintiff had failed to prove: that the claim event had been a gas explosion; and Pazgass alleged negligence.(1) Facts At approximately 9:00pm on 7 September 2010, a fire broke out in a pub called Levis located in an industrial building in the city of Ashdo...

In September 2020 the Supreme People's Court and the Supreme People's Procuratorate jointly promulgated Interpretation III on Several Issues Concerning the Specific Application of the Law in Handling Intellectual Property Criminal Cases. The judicial interpretation aims to reduce IP rights crimes and create a business-friendly environment by establishing unified standards in the application of the law in this regard.

Introduction Insurance applications can be challenging. The questions are often ambiguous and remembering every piece of relevant information is difficult. However, being diligent is important, as an insurer may deny coverage of a claim if an insured incorrectly answered a question or failed to disclose material information. On the other hand, insureds should be aware that the courts will scrutinise claims of inadequate disclosure on a reasonableness basis. Typically, insurers cannot rely on an...

forum non conveniens applied. Forum for administration clause Kawaley J agreed that the nature or legal character of the dispute is relevant (applying the decision of Crociani v Crociani (7)) in deciding whether a jurisdiction clause in a trust deed applies: The question of whether a forum for administration clause, irrespective of whether it is expressed to be exclusive or not, confers exclusive jurisdiction on the relevant court is an arid debate if the context in which the question arises i...

Introduction Article 40 of the Plant Variety and Plant Seed Act provides that plant variety rights holders or exclusive licensees may: request the cessation of any infringement request the prevention of any threat of infringement; and claim damages against any parties that intentionally or negligently infringe on their plant variety rights. Facts On 24 September 2020 the Taiwan Intellectual Property Court (IPC) rendered a civil judgment ( 2020 Min Zhi Shang Zi 1) that specifically indicates how...

AirAsia X Berhad v BOC Aviation Limited (Originating Summons WA-24NCC-467-10/2020). Summary On 19 February 2021 Judicial Commissioner Ong Chee Kwan allowed AirAsia X (AAX) Berhads application under Section 366 of the Companies Act 2016 for leave to convene creditors meetings to consider and approve an arrangement scheme. However, the judge disagreed with AAXs division of the scheme creditors into two classes: Class A – secured creditors; and Class B – unsecured creditors. The judge agreed w...

Introduction One year ago, we wrote that the large business bankruptcy landscape in 2019 was generally shaped by economic, market, and leverage factors, with notable exceptions for disastrous wildfires, liabilities arising from the opioid crisis, price-fixing fallout, and corporate restructuring shenanigans. The year 2020 was a different story altogether. The headline was COVID-19. The pandemic may not have been responsible for every reversal of corporate fortune in 2020, but it weighed heavily...

Introduction This article provides a high-level overview of some of the common business models used by local entities that are engaged in the distribution, sale and marketing of their groups products and analyses the potential transfer pricing ramifications thereof. The transfer pricing analysis included in this article is predominantly based on Circular 11/2018 (Determination of the appropriate transfer pricing method for activity related to distribution, marketing and sales of a multinational...